'I- THE'- MARINE KECOKD. MARINE LAW. GENERAL AVEIUOK COXTIIIDtmON—UNSB1- W011TIIINK8B. Court of Common Pleat, Phllajlilfhla. ElHot.of signing ii general average bond. Decision In favor of die vessel. A cusu Of Importance tu M\i masters mid consignees of cargoes upon which hnvo been levied gonorol average assestirienu clime to ■ $jrt» on January 31, belbre .1 udgo Elcock and'n^my In the Court of Common Pleas, Philadelphia. The scliooncr Mo\j]e_A. Hand, Cjiptnln Nelson Jurvls, nulled from Philadelphia on January 0, 1880, bound for Charleston, S. C, with a cargo of steel rails and several lots of other goods. There were 540 tons ol rails, their value was (38,000, and they were consigned to the Cheraw & SalUbmy.Ri'dl- .road Company, a South Carolina corpora¬ tion. CJn the voyage the schooner sprang alettkat the centreboard and she was obliged to put Into Noilolk lor repairs. Her cargo was discharged, and afler waiting for some timo her turn on the marine railway, she was hauled out, repaired, reloaded cargo, and sailed troin Norfolk on April Sth. She was obliged to put back again to Norfolk, where a new i tickler was put in, and she finally left Norlolk on April 23d, and ar- objected to-the fftlmlpsublllty of such evi¬ dence ae above set Ion h. They clalmcd.that the conslgngo was estopped by reason ot having signed the bond. The bond could only bo atlaeked for fraud, accident or mis¬ take, of which there was no presence in tho case. \Iudge Elcock Mistalncd' the objection and directed a verdict for, tho vessel, which the Jury accordingly rendered for- $2,873.80 which sum include* the general average contribution with Intoiest. MY. Blspham took an exception to ihli ruling and the,law point will be argued before the CoMH in Banc. ' ' , DKCKLOAD JBrPMOTTBD.' United States Listrict Court, New Orleans. Before Judge Billings January 28.—No. 11.381—John F. Popp & Co. vs. tho schoon¬ er Hottle Kills. Thlsds a suit to recover tho value of lum¬ ber shipped from Tensas river or Bay Ml- irette, Mississippi, to New Orleans. The lumber was, with the knowledge of libel¬ ants, who were owners, stowed on deck. There was a storm, and the preponderance of evidence established that the lumber was jettisoned. There was no bill ol lading or other contract In writing. The testimony rived on Maylst at Charleston, her port of ,,B ,0 «•« """K6 wl,n r.eference w *■ ltaWI; ' destination. Her bills at Norfolk amounted to $8,140.80. The repairs were made under the supervision of" the board of marine un¬ derwriters. The steel rails were insured by the Insurance Company of the State of Pennsylvania. On the vessel's arrival at Charleston the uaptnln surrendered^ his lien for general averago on tho rails, released the cargo and delivered it over to President Kavenel, of the railroad company. In con¬ sideration for this release the pre»ldeut.ex- •eontcd to hlin the usual general average bond, which. In forms sots out that certain expenses have been incurred by tho perils of the sea, that these expenses constitute a claim for general average, and that the con¬ sequence therelore would pay his proportion of the Iosb' as adjusted under the laws and usages of South Carolina by John R. Herlot, an average adjuster of Charleston. Mr. Herlot afterward made up tho adjustment and the amount found to be assessed against the steel rails was $1,930.38. The vessel sailed from Charleston In due course, leav ing theamountdue by the railroad company still uncollected, and finally the president of I tie company refused to pay the money, I saying that he had been instructed by the insiiiance company to refuse payment be¬ cause the vessel was not seaworthy when she left Philadelphia. bult was brought acidnsl the railroad com¬ pany and the owner laid an atlncliinenl against what the fusiii'iiiice would owu'lhe railroad company lor the amount of tlie rail's .general average 'contribution. The suit against the railroad company came up for' trial befoio Judge Elcock, as before Stated, on January 31sr. The action was to recover the amount due under President Ravenel's geueial average bond. Counsel for Ihe schooner proved the execution of the bond, the muling of the adjustment ac¬ cording to the usages and laws, of South Carolina, the payment ol the bills at Nor¬ folk, and then rested. Ii. orge Tuckei Illxplniiu, Ksi|t, tor the railroad company, sought to iutioduee evi¬ dence that the vessel was utiseawoithy be¬ fore she enteied upon the voyage. The oh ners of the lulls weie not obliged to pay tlilh coutilbullou because the loss did not inlso Irom perils ol the .sen. Evciy ship, ownii iieceaMiil'y contracts that Ills vessel Is lit to peifoun the \o) age. Tins vessel war. in -ihe Delaware iTvci eight ol nine days aftei she lelt Philadelphia, and was leaking when she got to sen. There wus no MOrmy woather sufficient Jo drlvo a staunch vessel into Norfolk. On taking her out on the railway at Norfolk the vessel was found to have many tltubuis eaten up withdiy int. Theie Is an Implied warranty ot seiiwoilhl- iiosh on the pint of a captain when he con¬ tracts to carry a cargo. The bond sued up¬ on was conditioned to' pay only what the owner of the cargo might be legally held liable for,'and that In view of the unsea¬ worthiness of tho vessel, there was no legal liability to contribute towards repairs, and hence there could be no right of recovery on the bond. Messrs^Drlver & Cdulston, for the vessel, lty_ faItS to establish any custom which could vary the liability which the law Imposes up¬ on vcssels'fis to property thus stowed. With reference to cargo stowed on the deck, the ship Is not liable as a common carrier, but lis liability In this case Ib limited to ordinary care, I. e., such degree of oare as a prudent owner would txerclse. Law¬ rence vs. Mlnturn, 17 How., 111. The case shows the jettison occured to savo the ves¬ sel and the mariners from destruction and leaves the sole question of fact to be decid¬ ed: Did the unsklllfulness of the matter expose the vessel and cargo to the danger or peril from which the loss arose? Tho alle¬ gation In the libel Is that "the loss was'the result of, the negligence, want of skill and care of the master." If this allegation is maintained, the liability of the vessel Is established. Lawrence vs. Mlnturn, 17 How., Ill, In ShacklefordvB. Wilcox, 0 L. 33, 30, the court says: "In relation to un¬ derwriters without special'agreement, and In relation-to other owners of cargo under dock, in case of jettison, lp U well settled that goods on deck form no part of the cargo." "As between the owner and the carrier, It Is otherwise, and tho earlier is bound by the same obligation as lor the rest of the cargo, save only the damage which may result from its exposed situation. In New Jersey Steam Navigation Compn- hy vs. Merchant's B|ink,0 Howard, pp. 844, 383,,'the court sajs: "The vpsscI was not exempt Horn ordinary care in the manage' ment of the vessel by the mastei and hands.' These last two cases establish the law to be that w hen the cargo Is stored on deck, the burden of proof Is on the shipper. Does, then, the evidence establish want of onllniuy skill In the management of the vessel? The facts, as detailed by (tie nias- ler and the witness,-John Brown, me that the schooner came through Grunt's Pass Saluiday moining. Toward night a heavy tog lame on, with incibasing wind. , At Round Maud they took In the ninliieall and sailed on belore and ntlei dark, the master being uncertain of hi- whereabout or even Ids direction or ionise In the night the vessel went upon Dog Keys, where the lum¬ ber »r.> jettisoned. It \vjjs easy Jor the schooner to have anchored In closed waters and lo lia\e walled until the fog broke, mid not lo lone Milled on without knowledge of locality and not attempted lo navigate the vessel siju.ne bowed In the open sound lull of shoals. But for tills want of skill or care the loss would not have occurred. Lot there be judgment lor tho libelants. TIIK CANIBTKO-MUMUY COLLISION. In October, 1880, during a btortii, the pro¬ peller' Canlsteo and the schooner Georgo Murray (now the George) camo In collision near Waugoshance. The propeller was badly damaged mid'made water freely, and her commander, In order,to savo tho lives of tjiose on hoard and finally save alio pro- poller, ran her ashore. Tho gale, however, used her up, and she and her grain cargo became, total losses. Their combined value was about (75,000. The schooner vgas also damaged to some extent. The Phoenix In-1 surajice Company hud $7,200 on the grBln cargo of the Canlfteo and had to pay It of course. In order to get tills sum back It commenced proceedings In court In Chlca go, alleging that the Murray waa at fault, and eauapd the colllslonand loss. Though the propeller and hercaign was worth $75,000, po other claim except that of the Phconlk was filed In. The other companies took no part In the proceedings. When the proceedings were Instituted Captain Wiley M. Egan, of this city, limited his liability, under the not of Congress, to tho Murray, and her value was appraised at $28,000. The case was re¬ ferred to Commissioner Proudfnot, and tho latter made Ills report on tho 17th. It Is to tho effect that the Canlsteo was the sole caiiscof the collision, and that the Phconlx Company has no just claim against the Mur¬ ray or her owner or Ids bondsmen. Schuy¬ ler & Kramer conducted the case for Cap¬ tain Egan, and Robert Rae for the insurance company. The Phconix gave notice Of an appeal. The lookout on the Murray, the extra man en deck, one of ihe men holow, and the female cook all went over to the side of the Insurance company, and gave evidence In their interest. The evidence of Captain Hurlburt, of the Murray, his mate, and the mini at the wheel was sufficient, however, jind won the case for Captain Egan. TRANSPORTATION. Editor of the Marine Record. There in a most Imperative call foi the passage of Senator Collin's Inter-state com¬ merce bill, or some other measure' having for Its direct object the overlooking and supervision of transportation nnd nil matters pertaining to It. Our cereal trade will de. velop or retrograde In exact ratio with the promptness aud fairness afforded In Retting crops to mivrket. Few things can be left to regulate themselves, and where ^railroads comblno and scheme to keep rates at a fixed standard, while the western farmer Ib obliged to Bell at a loss or hold at u Iosb large percentages of his wheat In. consequence of the demands of pooling railroads. It Is high time these lords ol transportation should be regulated. Regardless of ihe state of the market this clique of railroad kings must have It's price-for carrying. There are twelve million bUBhels of wheat In Minnesota and Dakota which was kept there by discrimination in freights. It does pot require much of an-.eye to see the out¬ come If railroads arc left to themselves to combine aud dominate the country. We sliall.lose our grain .market in Europe. In dla will wrench It from us as sure as fate If we do nut see to It that our grain producers got their grain trunspoited with celerity and reasonable cheapness. According to the Indian budget report of Sir Aukland Calvin the export of grain from British India has almost trebled lu tluee years. It wiib b,477,- 000 cwt. lu the year 1882-83. It was 19 600,- 000 cwt. in the first ten months ol Ihe cur¬ rent fiscal yeai. ll would ha,well If our legislators could see the slgnlllcanceof these figures. W. I. without insurance. A number of sail vessel-owners from other pons 'iu*6nTcago are looking afler their daft which nluleied here, and either aie already grain loaded or will load gialn for lliilliilo, expressed themselves as in full ac¬ cord willi tlie Chicago Vessel Ow ners' Asso¬ ciation In opposing ihe rates and terms of the" llntlalo hull lomblnatloii One of the gentlemen, who resl'dcs) In liiillalo, said lie bad It on the veiy best authority that {he combination would not hold together, and that the bieak up would booh come. If the Sttalts opened helore this break in lutes look place he"puiposed to send his vessels out ore flip without Insurance, and he was sine that hy the time the)' arrived in Bullido •there would he no hull combination in ex¬ istence. It might be, ho continued, that, vessels would not Ue leaving Chicago until May let, and lie'anllclpiited no special dan¬ ger from ice. "Bo was determined that he "would not pay the exorbitant lusurance rates now demanded, in order to help In- slirjince companies to piiy for their wild work and big losses of 1883." Tho execu¬ tive committee of the Chicago Vessel Own¬ ers' Association was in session most all day on the 17th. They are hard at woik anil are evidently In earnest. It Is understood that two other combination companies be¬ side tho Continental have Intimated that they will Insure a largo line of vcsboI prop¬ erty at the rates offered by the committee. A number of vcesols In the lumber trado on Lake Michigan are without Insurance. The LIFE SAVING STATIONS, . The Erlo Herald gives ihe following on life saving stations:~ _y The ninth district. The first established along tho hikes, embraces nearly 1,500 nillei of lake and river coast and includes the sta¬ tions on Lake.' Ontario, Lake Erie and the Ohio liver as Jar us Louisville, Ky , .nntl |9 under the superintendence ol Captain D, P. Dobbins, than whom a map better fitted f6r tho position In every respect could not bo found. The first station In the district Is sit¬ uated at Big Sandy Creek) nt the font of Lake Ontario, nnd Is In oare of Captain Will- lam Fish lis keeper. The next station, con* tabling tho same number of men, and known as the Salmon Creek life saving sta¬ tion, Is also oir Lake Ontario at the iimiitli of Salmon Creek, Mexico Bay, and Is in care of Captain M. E. Parker. The third on the list, Oawego lifeboat station, Is sit¬ uated nt Oswego, Captain John Blackburn as keeper. Fourth comes Charlotte volun¬ teer lifeboat station,Captain Joseph O1 Doyle in-cliaige, situated at the mouth of tho Gen- essee liver.' Tho Buffalo station, which comes next, la located on the south side of ■ ButliiloC'ieek, with Captain Thomas Will- ianiH as keeper. What was formerly, when the stations were designated by numbers, known us No. 6, is now known'as the Erie life saving station, iu.il Is situated at tho mouth ol Erie harbor, nnder the care of Captain William Chirk. Falrport life-boat sta'lun at the iiiouih ol Grand river, Ohio, comes iiexi, wlili Captain George F. Bab- cock. No. S, now known as the Cleveland lltehnat siatl'Ai, Is In charge of Captain C. C. Gondwlr. Next on tho list tomes Point Mablehead, volunteer lifeboat station at Point Marblehead, O., with Captain L; M. Clemens. Last is tho Louisville life saving station, situated on the falls of tho Ohio, at Louisville, Ky., In charge of Captain Will- lauiM. DeVan. A MINIATURK MONITOR. 0. N. Crawford sitjs in the Marine Jour¬ nal : Writing about steamboats brings to mfnd the fact that I once Instigated, and helped to build the smallest sin cessful steam¬ boat, and the most successful small boat,one that made more round trips and more money than any small boat that ever existed. It win about this way: inning the war the citizens of Pittsburg ami Alleghany deter¬ mined to get up a big lull lor the benefit of the sanitary commission. While this was being vyniked up I deter¬ mined to build a miniature model of a nion- - I tot- to be operated in the basin of a ton n tain In oneof thodepnitinepts. While I \vasengaged at thin, Mr. William Metcalf, superintendent of the Fort Pitt foundry,, where I was then employed, pioposed to lurnlsh all the money and material required and to enlarge on my plan, nnu add another department to tho fair exclusively for this vessel and other war ma¬ terial. This resolution was unanimously adopted, and the boat built accoidingly. Mr, John II. McEloiy, Col. Joseph Kaye.Mr.E, .Klrsch, and myself were the bulldeis of the boat, and Mr. Metcalf superintended the erecting of a building about 150x75 feet, inclosing a large elliptical shaped reservoir lor the accommodation of the craft. The bull was made of a single slice! of copper, 10 feet long between peipeudlculars, and about 20 Incites beam, titter tin! model ot tho monitor Manayquk, theji building at Pltts- bhig. . The deck plates wore] wrought Iron, and the turret and tfiins were cast iron. The vessel was driven by a,beautiful oscillating . engine, designed by Mr. McElcoy, of 1 >j Inch bore bv 2}£ inch stroke, which was nt ample powei. The boiler was mado ol copper, ol a Hat elliptic section, about two Icet long, with vertical tubes, the furnace being a series of alcohol lamps covering Ihe entlio bottom suiliice it ihe boiler. This ariangement worked well, and made plenty of steam. The piopellci, which was ol brass, was geared at a speed of about two to one of the engine. When completed she lloated on an even keel with about two inches free¬ board. , A Uial tilp was made of a quarter of a mile In the Alleghany river against the current on a June i ihe, under convoy ot a licet of skills, hut unfortunately when rounding Into bet wharf she swung against the head of a craft and sunk lu twenty feet of water. Tills calamity mis gotten over by procuring a diver who fetched liei up In a • short timer The guns wcio never found, and had to be made over again. In duo time the fair was opened, anil Ihe eiowd attained access to Monitor hall, wlieie the boat was quietly making her leguhii trips. That building was literally jammed nearly all the time during the two or three weeks the fair lasted. No boat ever drew such crowds, not of pas¬ sengers—spectators—nt . 25 ■ cents each. When the lair was over It was found that Monitor hall had collected the laigest share of the receipts of the live departments, I think about $75,000. Tho entire gross lecelpts wcic $325,000. After this ex¬ traordinary success she was exhibited unilei the management of Col.'Joseph Kaye, now deceased, at Baltimore, Wheeling, Boston, Philadelphia, and, lastly, at Chicago, whero C she w.iib sold, making cords of money at each filuco for tho sanitary, commission. Perhaps ess Is now known of this monitor that any of them, but undoiitedly she Is entitled to owners say they would like to Insure, but that they cannot afford to pity the rates that' a conspicuous place In the history of our are asked by the combination. defunct navy. \